The rule of Ejusdem generis must be applied with great caution. Critically examine the merits and demerits of this rule.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
The rule of Ejusdem generis must be applied with great caution. Critically examine the merits and demerits of this rule.

Answer & Explanation:

Ejusdem Generis, literally means "of the same kind or species". Ejusdem generis rule is that, where there are general words following particular and specific words, the general words following particular and specific words must be confined to things of the same kind as those specified, unless there is a clear manifestation of a contrary purpose. It is merely a rule of construction to aid the Courts to find out the true intention of the Legislature (Jage Ram v. State of Haryana, A.I.R. 1971 S.C. 1033). To apply the rule the following conditions must exist: The statute contains an enumeration by specific words, The members of the enumeration constitute a class, The class is not exhausted by the enumeration, A general term follows the enumeration, There is a distinct genus which comprises more than one species, and There is no clearly manifested intent that the general term be given a broader meaning that the doctrine requires. (See Thakura Singh v. Revenue Minister, AIR 1965 J & K 102) In short, the rule of ejusdem generis must be applied with great caution because, it implies a departure from the natural meaning of words, in order to give them a meaning or supposed intention of the legislature. The rule must be controlled by the fundamental rule that statutes must be construed so as to carry out the object sought to be accomplished. The rule requires that specific words are all of one genus, in which case, the general words may be presumed to be restricted to that genus.

Topics: Interpretation of Statutes

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